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Madrilejos vs. Gatdula [DISSENTING OPINION, PERLAS-BERNABE, J.]

ALLAN MADRILEJOS, ALLAN HERNANDEZ, GLENDA GIL, AND LISA GOKONGWEI-CHENG, PETITIONERS, VS. LOURDES GATDULA, AGNES LOPEZ, HILARION BUBAN, AND THE OFFICE OF THE CITY PROSECUTOR OF MANILA, RESPONDENTS.

G.R. No. 184389 | 2019-09-24

D I S S E N T I N G  O P I N I O N
 
PERLAS-BERNABE, J.:
 
I dissent. As will be discussed below, the present petition assailing the constitutionality of Manila Ordinance No. 7780 or the "Anti-Obscenity and Pornography [O]rdinance of the City of Manila"[1] (Ordinance No. 7780) should not have been dismissed on the ground of mootness. Instead, the case should have been resolved by the Court on the merits and thereupon, decree the Ordinance's unconstitutionality based on the doctrine of overbreadth.
 
As background, the essential facts of this case are as follows: petitioners Allan Madrilejos, Allan...